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In this article, I examine the manner in which the lower federal courts have applied the affirmative defense to liability for supervisory sexual harassment, which was articulated by the United States Supreme Court in the 1998 cases of Burlington Industries, Inc. v. Ellerth and Faragher v. Boca...
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Who regulates sexuality in America? Given the high salience of federal laws and policies such as the Defense of Marriage Act (“DOMA”), the military's “Don't Ask, Don't Tell” policy, and states' legal activism regarding same-sex marriage, it would seem that sexuality is mostly a federal...
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